Recent Regulatory Changes
(Links in Titles)
FAR Case 2022-009, Certification of Service-Disabled Veteran-Owned Small Businesses (Interim Rule) - Revises FAR to implement SBA final rules of 11/29/2022 and 7/3/2023, which in turn implemented section 862 of the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for FY2021 transferring the verification of small businesses owned and controlled by veterans or service-disabled veterans from the VA to SBA effective 1/1/2023 and creating a certification requirement for SDVOSBs who wish to participate in sole-source and set-asides.
VOSBs and SDVOSBs are strongly encouraged to review the complete interim rule for a full understanding of program eligibility, protest procedures, provision and clause changes, and other requirements (ex. SAM indicators and decisions by SBA regarding status). Comments on this interim rule are due no later than 4/23/2024.
DFARS Case 2023-D011, DoD Mentor-Protégé Program (Final Rule - Effective 3/26/2024) - Authorizes the DoD Mentor-Protégé Program on a permanent basis. NDAA FY2023 Section 856 also extends the term for program participation and removes the term limitation for mentors to incur costs under mentor-protégé agreements entered into after December 23, 2022. Section 856 does not apply to mentor-protégé agreements entered into prior to December 23, 2022.
DFARS Case 2023-D023 Trade Agreements Thresholds (Final Rule - Effective 3/26/2024) - Adjusts thresholds for application of the World Trade Organization (WTO) Government Procurement Agreement (GPA) and Free Trade Agreements (FTAs) as determined by the United States Trade Representative (USTR). The trade agreements thresholds are adjusted every two years according to predetermined formula set forth in the agreements.
SBA Interim Rule - Providing Discretion to Extend Women-Owned Small Business Program Recertification Where Appropriate (Effective 3/7/2024) - Allows SBA the discretion to postpone a firm’s recertification date in appropriate circumstances and recognizes that there may be appropriate circumstances in which SBA may permit recertification to occur beyond three years from the date of the last certification.
SBA Alternative Size Standards for SBA's 7(a) and CDC/504 Loan Programs for Inflation and Surety Bond Limit Adjustments for Inflation (Final Rule - Effective 3/18/2024) - Adopts the current statutory alternative size standard for the 7(a) Business and Certified Development Company (CDC/504) Loan Programs. This rule increases the size standard's level for tangible net worth to $20 million and net income to $6.5 million. Also adjusts for inflation the statutory limits for contact size under the Surety Bond Guarantee (SBG) Program by increasing the contract limit to $9 million and the contract limit for Federal contracts to $14 million if a Federal contracting officer certifies such a guarantee is necessary.
GSA Case 2020-GS11 Updated Guidance for Non-Federal Entities Access to Federal Supply Schedules (FSS) (Final Rule - Effective 3/25/2024) - Updates GSA's FAR Supplement, GSAM/R, Subpart 538.70 Purchasing by Non-Federal Entities, to:
Provide a definition for ‘eligible’ and ‘non-Federal entity’.
Clarify the requirements supporting use of FSS contracts by eligible State or local governments (i.e., non-Federal entities), as defined in 40 U.S.C. 502(c)(3) Use of FSS contracts.
Clarify the authorities providing for the use of FSS contracts by eligible non-Federal entities.
